Pacifico Berso, Jr. Vs.

Judge
Alben C. Rabe
A.M. No. RTJ-21-010. November 23,
2021

CRIS LLOYD B. ALFEREZ

Impartiality is essential to the proper
discharge of the judicial office. It
applies not only to the decision itself
but also to the process by which the
decision to made.

CANON 3
Judges shall perform their judicial
duties without favor, bias or
prejudice.

Section 1
New Code of Judicial
Conduct
Gross Ignorance of the law
Is the disregard of basic rules and settled jurisprudence. It is settled that judges are
expected to exhibit more than just a cursory acquaintance with statutes and procedural
laws.
They must know the laws and apply them properly in all good faith. Unfamiliarity with the
rules is a sign of incompetence. When a judge displays utter lack of familiarity with the
rules, he betrays the confidence of the public in the courts. Judges owe it to the public to
be knowledgeable, hence, they are expected to have more than just a modicum of
acquaintance with the statutes and procedural rules, they must know them by heart.
Gross Ignorance of the law
They must know the laws and apply them properly in all good faith. Unfamiliarity with the rules is a
sign of incompetence. When a judge displays utter lack of familiarity with the rules, he betrays the
confidence of the public in the courts. Judges owe it to the public to be knowledgeable, hence, they
are expected to have more than just a modicum of acquaintance with the statutes and procedural
rules, they must know them by heart.
 Gross Misconduct
• An act that violates the Code
of Judicial Conduct constitutes
gross misconduct.

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 Gross Misconduct
• Judge Rabe's continued persistence
in conducting another clarificatory
hearing to once again determine the
existence of probable cause already
exposed his partiality towards
Borromeo. The OCA cited Section 1,
Canon 3 of the New Code on
impartiality and ruled that any act in
violation thereof constitutes gross
misconduct.

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 Problem Areas in
Legal Ethics
• Judge Rabe's continued persistence in
conducting another clarificatory hearing to
once again determine the existence of
probable cause already exposed his partiality
towards Borromeo. The OCA cited Section 1,
Canon 3 of the New Code on impartiality and
ruled that any act in violation thereof
constitutes gross misconduct.
Problem Areas in
Legal Ethics
• Judge Rabe's tendency to answer the
questions of the prosecution on behalf of
Borromeo is suspiciously akin to how a
lawyer would defend his client in court,
which shows impartiality.
Problem Areas in
Legal Ethics
• The Supreme Court also ruled that Judge
Rabe is guilty of undue delay in rendering
a decision. Rule 1.01 of the Code of
Judicial Conduct which requires that a
judge should administer justice
impartially and without delay, and Rule
3.05 of the same Code which provide
that judges shall dispose of the court's
business promptly and decide within the
required periods

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Facts of the Case
Pacifico Berso, Jr. Vs. Judge Alben C. Rabe

The 3 Information
Filed The Denials Court of Appeals Warrant of Arrests
The case stem Motions for Set aside the Judge Rabe still refuse to
from the complaint Issuance of decision and found issue a warrant of arrest
against Borromeo.
of 3 information Warrants of Arrest Judge Rabe acted
filed against with grave abuse of
Ronnel Borromeo discretion
for rape.
ISSUE OF THE CASE

Whether or not
Judge Rabe is
guilty of: Gross Ignorance Gross Misconduct
of the Law

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RULINGS OF THE SUPREME COURT

Yes, Judge Rabe is guilty of gross misconduct and gross ignorance of the law.

Gross Ignorance of the law is the disregard of basic rules and settled jurisprudence.

It is settled that judges are expected to exhibit more than just a cursory acquaintance with
statutes and procedural laws.

On the case of gross ignorance of the law, the CA and the OCA were one in finding that Judge
Rabe deviated from the normal course of procedure in handling the case in ordering the victim
to testify on the witness stand during the clarificatory hearing.
RULINGS OF THE SUPREME COURT

He likewise called Borromeo to the witness stand to testify in his defense, where he raised defenses
that were never mentioned in his counter-affidavit.

Judge Rabe's ruling is completely inconsistent with prevailing jurisprudence.

In a plethora of cases, this Court has ruled that there is no standard reaction that can be
expected from a victim of rape.

Moreover, not every victim of rape can be expected to act with reason or in
conformity with the usual expectations of everyone.
RULINGS OF THE SUPREME COURT
On Gross Misconduct
He likewise is guilty of gross misconduct when, he displayed impartiality
during the hearing of the case in favor of Borromeo.

Sec. 1, Canon 3 of the New Code Judicial Ethics

Provides that Impartiality It applies not only to the Judges shall perform
is essential to the proper decision itself but also to the their judicial duties without
discharge of the judicial process which the decision is favor, bias or prejudice.
office. made.
RULINGS OF THE SUPREME COURT
On Gross Misconduct
He likewise is guilty of gross misconduct when, he displayed impartiality
during the hearing of the case in favor of Borromeo.

Judge Rabe's insistence that he heard Furthermore, Judge Rabe's

Borromeo answer differently from that which
was recorded by the court stenographer on a
material matter, such as the date which the
victim left the house of Borromeo, raises
suspicions as to his partiality.
tendency to answer the questions of
the prosecution on behalf of Borromeo
is suspiciously akin to how a lawyer
would defend his client in court.
CITATIONS
1. People of the Philippines vs. Regalado
2. Department of Justice v. Judge Mislang
3. OCA v. Judge Villarosa
4. OCA v. Salvador
5. Panes, Jr. v. Judge Dinopol
6. Mangandingan v. Adiong
7. Investment Corp. v. Judge Gonzales